U.S. Army Corps of Engineers
PENNSYLVANIA STATE PROGRAMMATIC
GENERAL PERMIT-6
(PASPGP-6)
02 September 2020
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Table of Contents
Part I. – Authorities and Scope 3
A. Federal Authorities 3
B. State Authorities 3
C. Scope 3
Part II – Eligibility 3
A. Activities NOT Eligible for PASPGP-6 4
B. Activities Eligible for PASPGP-6 5
Part III – Categories of Activities Authorized by PASPGP-6 5
A. Non-Reporting Activities 5
B. Reporting Activities 13
Part IV – Procedures 20
Part V - General Conditions and Processing Requirements for Corps and PADEP 22
A. General Conditions 23
B. Processing Requirements for Corps and PADEP 32
Part VI – Miscellaneous Provisions 35
Part VII - Corps District Contact Information 37
Part VIII - District Engineer Signatures 39
Appendices
Appendix A: Definitions 40
Appendix B: List of Eligible Navigable Waters (Section 10) 47
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Part I – Authorities and Scope:
A. Authorities.
The Baltimore, Philadelphia, and Pittsburgh Districts of the U.S. Army Corps of Engineers (“the
Corps”) hereby issue the Pennsylvania State Programmatic General Permit-6 (PASPGP-6) pursuant
to and consistent with Section 404(e) of the Clean Water Act (33 U.S.C. 1344(e)). Under Section
10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act
(CWA) (33 U.S.C. 1344), PASPGP-6 authorizes regulated activities in waters of the United States,
including wetlands and navigable waters, within the Commonwealth of Pennsylvania.
The PASPGP-6 does not obviate the need to obtain other federal, state, or local authorizations
required by law or to comply with other federal, state, or local laws. Likewise, the PASPGP-6 does
not grant any property rights or exclusive privileges or authorize injury to the property or rights of
others, and/or the interference with any existing or proposed federal project.
B. Federal Government Liability.
1. In issuing PASPGP-6 the Federal Government does not assume any liability for damages
to the permitted project, or use thereof, as a result of other permitted or unpermitted
activities, or from natural causes, or from damages that are a result of current or future
activities undertaken by, or on behalf of, the United States in the public interest.
Additionally, the Federal Government does not assume any liability for damages to
persons, property, or to other permitted, or unpermitted activities, or structures caused by
the activity authorized by this permit.
2. The Federal Government does not assume any liability for damages caused by design or
construction deficiencies associated with the permitted work and/or claims associated
with any future modification, suspension, or revocation of this permit.
C. Scope.
The PASPGP-6 is only applicable within the Commonwealth of Pennsylvania, for specifically
identified activities.
Part II– Eligibility:
Unless a valid Approved Jurisdictional Determination (AJD) issued by the Corps is submitted with
the application, all proposed project impacts to waters and wetlands will be used for purposes of
determining the eligibility and reporting thresholds of the PASPGP-6. The applicant always retains
the right to request an AJD for the project area and any applications containing a Jurisdictional
Determination request shall be reported to the Corps as a Reporting Activity.
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Eligibility will be based on the impacts of each single and complete project. Reporting
thresholds will be based upon the impacts of the overall project.
A. Activities NOT eligible for PASPGP-6. To receive federal authorization for these activities,
a permit application must be submitted to the appropriate Corps District Office:
1. Single and complete projects that will have more than minimal individual or cumulative
adverse environmental impacts as determined by the Corps.
2. Single and Complete Projects that will result in a total of more than 0.5 acre of permanent loss,
both direct and indirect, to waters of the United States, including jurisdictional wetlands.
3. Single and Complete Projects that will result in a permanent loss, both direct and indirect, of
greater than 1,000 linear feet of jurisdictional stream channel(s).
4. Single and Complete Projects that do not comply with all terms and conditions of the
PASPGP-6, including the terms and conditions specific to each listed category of activities.
5. Activities located channelward of the ordinary high-water mark (OHWM) on non-tidal
waters and/or the mean high water line (MHWL) on tidal waters on the following
Pennsylvania waterbodies:
a. The Delaware River, downstream of the U.S. Route 202 Bridge at New Hope,
Pennsylvania;
b. The Schuylkill River, downstream of the Fairmount Dam in Philadelphia, Pennsylvania;
6. Instances where the Regional Administrator of the U.S. Environmental Protection Agency
(EPA) has notified the District Engineer and the applicant in writing that they are exercising
their authority under 404 (c) of the CWA to prohibit, deny, restrict, or withdraw the use of
any defined area for specification as a disposal site for the discharge of dredged and/or fill
material.
7. Designated Special Case circumstances identified by the Regional Administrator of the EPA,
as defined in the Memorandum of Agreement between the Department of the Army and the
EPA concerning the determination and limits of geographic jurisdiction of the 404 program.
Geographic areas established by the EPA would be advertised by the Corps Public Notice as
ineligible for federal authorization under the PASPGP-6.
8. Activities that have been denied a Pennsylvania Department of Environmental Protection
(PADEP) Chapter 105 Permit, a State Water Quality Certification as required by Section 401
of the CWA, or a Coastal Zone Management (CZM) Consistency Concurrence.
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9. Any activities that would divert more than 10,000 gallons per day of surface water or
groundwater into or out of the Great Lakes Basin (Lake Erie Watershed).
B. Activities Eligible for PASPGP-6:
1. All those activities listed in Part III. as Non-Reporting and Reporting Activities, where the
Corps determines those activities will result in no more than minimal adverse environmental
effects to the aquatic environment individually or cumulatively. Authorized activities must be
in compliance with all terms and conditions of the PASPGP-6, including terms and
conditions specific to each listed category of activity.
2. All activities authorized under PASPGP-5 where the verification did not expire prior to
June 30, 2021, are eligible for reauthorization by the PASPGP-6 provided all terms,
conditions, limits, and best management practices identified and required by PASPGP-6 are
met. This includes compliance with all special conditions attached to the original PASPGP-5
verification.
3. Unauthorized activities may receive After-The-Fact (ATF) authorization under the
PASPGP-6 as appropriate. Any application for ATF authorization will follow the applicable
Non-Reporting or Reporting review process.
4. For projects where permittee responsible compensatory mitigation is required, and the
combined impacts of the project and the compensatory mitigation exceed the PASPGP-6
eligibility thresholds the impacts associated with the compensatory mitigation may be
authorized through use of Nationwide Permit (NWP) 27 by the Corps provided the proposed
compensatory mitigation meets the terms and conditions of NWP 27, and the remaining
work may be authorized by PASPGP-6 provided the work meets the other eligibility criteria.
For applications proposing compensatory mitigation through use of a Mitigation Bank or
In-lieu Fee Program, impacts associated with construction of the Mitigation Bank or In-lieu
Fee site are not included when calculating the PASPGP-6 eligibility threshold.
Part III – Categories of Activities Authorized by PASPGP-6:
A. Non-Reporting Activities
The following activities (1 through 30, below) are authorized by the PASPGP-6 without notification
to the applicable Corps District, provided the proposed regulated activities comply with all terms,
conditions, limits, best management practices, and processing procedures identified and required by
the PASPGP-6.
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Non-Reporting Thresholds
The overall project, including direct and/or indirect impacts to waters of the United States, including jurisdictional wetlands, results in no more than:
1.0 acre of temporary impact;
0.25 acre of permanent impact, except for those activities identified in Activity 29(c), Activities Waived at 25 PA Code § 105.12(a)(16) – Waiver 16 – Restoration Activities:
Other Restoration Activities, and Non-Reporting Activity 1, PADEP General Permit (GP)-1 for Fish and Habitat Enhancement Structures the permanent impact threshold is 0.50 acre; or
250 linear feet of permanent impacts to jurisdictional streams, rivers, or other watercourses (excluding wetlands) with the following exceptions:
o The permanent linear threshold of jurisdictional stream, river, or other watercourse
impact is no more than 500 linear feet, regardless of drainage area, for those activities
that involve stream restoration (rehabilitation and/or reestablishment); stream
enhancement; bank stabilization; and/or gravel bar removal; including activities
identified in Activity 29(c), Activities Waived at 25 PA Code § 105.12(a)(16) – Waiver
16 – Restoration Activities: Other Restoration Activities; and
o No linear threshold of jurisdictional stream, river, or other watercourse impact applies to
those activities verified as Non-Reporting Activity 1, PADEP General Permit (GP)-1 for
Fish and Habitat Enhancement Structures.
Non-Reporting Criteria for Endangered Species Act (ESA) Compliance:
Project specific activities listed as Activities 1 through 21, and 23 through 30 below are eligible
for Non-Reporting review under the PASPGP-6 provided the application contains one of the
following, the impacts are within the limits for Non-Reporting review, and no other Reporting
Activity requirements are met:
o A Pennsylvania Natural Diversity Index (PNDI) search receipt, that states “No Known
Impact, No Further Review Required” for U.S. Fish and Wildlife Service (USFWS).
o A PNDI search receipt which contains Avoidance Measures (AM) for federally listed species
whereby the applicant has agreed to implement the AMs by signing the submitted PNDI receipt. In such cases, all AMs become Special Conditions of the PASPGP-6 authorization without the need for a Corps review. By signing the PNDI receipt, the applicant agrees to abide by all AMs;
o A written “No Effect” determination by the Corps or other lead federal agency made for all
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currently listed Threatened and Endangered species;
o Documentation, including a concurrence or consistency letter from Information, Planning,
and Consultation System (IPAC), from the USFWS stating that the activity will not affect federally listed species;
o Correspondence from the USFWS containing AMs for federally listed species whereby the
applicant has agreed to implement AMs as part of the application. In such cases, all AMs become Special Conditions of the PASPGP-6 authorization without the need for a Corps review.
NOTE: If the PNDI receipt or correspondence from the USFWS includes AMs, and the
applicant does not agree to, or cannot comply with the AMs, or the applicant believes that the
AMs are outside of the Corps ESA Section 7 Scope of Analysis (areas affected directly or
indirectly as a result of the Corps authorization), then the application must be processed as a
Reporting Activity. For activities proposed outside of the Corps’ Section 7 Scope of
Analysis, the applicant/permittee is responsible for compliance with the ESA. In addition, if
the PNDI receipt states that additional coordination with the USFWS is required, then the
application must be processed as a Reporting Activity. See Part V, A.3, and B.6 for further
requirements.
Project specific activities identified in 22 below, Emergency Activities, are eligible for
PASPGP-6 verification provided the applicant, PADEP, or the Corps completes a PNDI search
prior to or promptly after issuance of PASPGP-6 verification, unless USFWS and/or the Corps
determines that the emergency activity will have no effect on listed species. If the PNDI
receipt, or correspondence from the USFWS, identifies a potential impact or includes
avoidance measures related to a federally-listed species, the Corps shall be notified prior to the
performance of work, and will consult with the USFWS as applicable, unless the applicant
agrees to comply with all of the listed avoidance measures on the PNDI receipt or
correspondence from USFWS. The Corps will consult in accordance with the Emergency
Consultation provisions of the ESA (50 CFR 402.05), if applicable.
Listing of Non-Reporting Activities
For a complete description of the PADEP Waivers and General Permits (GP) and the
definitions specific to each activity mentioned below, refer to:
http://www.depgreenport.state.pa.us/elibrary/
1. Fish Habitat Enhancement Structures: The regulated work under this activity must be
authorized pursuant to PADEP GP-1.
2. Small Docks and Boat Launching Ramps: The regulated work must be authorized
pursuant to PADEP GP-2.
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3. Bank Rehabilitation, Bank Protection, and Gravel Bar Removal: The regulated work
must be authorized pursuant to PADEP GP-3.
4. Intake and Outfall Structures: The regulated work must be authorized pursuant to PADEP
GP-4.
5. Utility Line Stream Crossings: The regulated work must be authorized pursuant to PADEP
GP-5.
6. Agricultural Crossings and Ramps: The regulated work must be authorized pursuant to
PADEP GP- 6.
7. Road Crossings: The regulated work must be authorized pursuant to PADEP GP-7.
8. Temporary Road Crossings: The regulated work must be authorized pursuant to PADEP
GP-8.
9. Agricultural Activities: The regulated work must be authorized pursuant to PADEP GP-9.
10. Maintenance, Testing, Repair, Rehabilitation, or Replacement of Water Obstructions
and Encroachments: The regulated work must be authorized pursuant PADEP GP-11.
11. Private Residential Construction in Wetlands: The regulated work must be authorized
pursuant to PADEP GP-15.
12. Activities Waived at 25 PA Code § 105.12(a)(1) – Waiver 1 – Small Dams Not
Exceeding 3 Feet in Height in a Stream Not Exceeding 50 Feet in Width.
13. Activities Waived at 25 PA Code § 105.12(a)(2) – Waiver 2 – Water Obstructions in a
Stream or Floodway with a Drainage Area of 100 Acres or Less.
14. Activities Waived at 25 PA Code § 105.12(a)(6) – Waiver 6 – Stormwater Management
and Erosion Control.
15. Activities Waived at 25 PA Code § § 105.12(a)(7) and (8) – Waiver 7 and 8 – Activities
Related to Crop Production.
16. Activities Waived at 25 PA Code § 105.12(a)(9) – Waiver 9 – Minor Stream Fords.
17. Activities Waived at 25 PA Code § 105.12(a)(10) – Waiver 10 - Navigational Aids.
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18. Activities Waived at 25 PA Code § 105.12(a)(12) – Waiver 12 – Activities Related to
Use of Water Recording, Gauging, and Testing Devices.
19. Activities Waived at 25 PA Code § 105.12(a)(14) – Waiver 14 – Artificial Ponds and Reservoir Maintenance.
20. Activities That Have Received a Programmatic Waiver Under 25 PA Code §
105.12(a)(16) – Waiver 16 – Restoration Activities.
21. PADEP Individual Permits Numbered E-999X - maintenance activities performed by
the certain Commonwealth of Pennsylvania agencies.
22. Emergency Activities: The regulated work must be authorized pursuant PADEP
Emergency Permits.
23. Normal Maintenance and Repair of an Existing Dam: The regulated work must be
authorized pursuant to PADEP Letter of Authorization.
24. Existing Structures or Activities Completed Prior to July 1, 1979: Regulated work
authorized pursuant to 25 Pa. Code § 105.12(b)(1-7)
25. Operation, Maintenance and Monitoring of Structures and Activities Listed in 25 Pa. Code § 105.12(b)(1-7) Above Completed Prior to July 1, 1979: Activities authorized
pursuant to 25 Pa. Code § 105.12(c).
26. Miscellaneous Activities: The following activities are not in most cases regulated pursuant
to Section 404 of the CWA because they do not involve discharge of dredged and/or fill
material, or the activity meets a Section 404(f)(1) exemption. However, in some instances,
the work is regulated and will require either a Section 404 and/or Section 10 permit. These
correspond to activities authorized by PADEP Waivers, GPs, and Waiver Letters of
Maintenance provided they are implemented as described in the applicable PADEP
authorization:
a. PADEP GP-10 – Abandoned Mine Reclamation;
b. PADEP Waiver 3 – PADEP Chapter 105.12(a)(3): Aerial Crossings;
c. PADEP Waiver 5 –PADEP Chapter 105.12(a)(5): Acid Mine Drainage;
d. PADEP Waiver 13 –PADEP Chapter 105.12(a)(13): Abandoned Railroad Bridges and
Culverts;
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e. PADEP Waiver 15 –PADEP Chapter 105.12(a)(15): Abandoned Mines; and
f. Waiver Letter of Maintenance for:
Channel Cleaning at Bridges and Culverts – Stream channel maintenance within 50
feet upstream and downstream of an existing bridge or culvert, performed in
accordance with the maintenance provision of a previously issued PADEP permit
and the PADEP Standards for Channel Cleaning at Bridges and Culverts; or
Bridge and Culvert Repair – Maintenance to an existing culvert, bridge, or stream
enclosure constructed prior to July 1, 1979, on watercourse where the drainage area
is five square miles or less.
27. Activities Related to Residential, Commercial and Institutional Developments:
Applications for the purpose of constructing or expanding a residential, commercial, or
institutional subdivisions or development may require that the application include a
Declaration of Restrictive Covenants (e.g. deed restriction, conservation easement, or deed
restricted open space area), for the application to be processed as a Non-Reporting Activity.
If, in addition to the impacts proposed in the application, more than 0.25 acre of wetlands
exist within the property boundary, then the application must contain a Declaration of
Restrictive Covenants that protect these additional areas from activities such as filling,
draining, mowing, placement of structures, cutting of vegetation, and/or clearing or plowing
of natural vegetation (also see Part V.A.23) for the application to be a Non-Reporting
Activity. Declaration of Restrictive Covenants should be prepared in accordance with the
template documents found at:
https://www.nab.usace.army.mil/Missions/Regulatory/Permits-PA/. If the application does
not contain such declaration of Restrictive Covenants, or deviates from the templates, then
the application would be Reporting (see Part III.B.9 and Part V.A.23).
28. Maintenance: Activities conducted under the terms and conditions of a previously issued
PADEP authorization which requires operation and maintenance in accordance with the
terms and conditions of the PADEP authorization.
29. PADEP Chapter 105 Activities Published in the Pennsylvania Bulletin: The following
activities require notification through publication in the Pennsylvania Bulletin as required
by 25 Pa Code Chapter 105.21(a) of the Dam Safety and Encroachments Act, 32 P.S. §
693.1, et seq. These activities may be authorized by the PASPGP-6 after an opportunity for
review and comment by the Corps, all other federal and state resource agencies, and the
general public. Publication in the Pennsylvania Bulletin will be at least 30 days prior to the
effective date of the PADEP authorization.
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a. Activities Requiring Pennsylvania State Permits or Approvals: This is limited to
activities authorized pursuant to PADEP Water Obstruction and Encroachment Permit
(including an Individual Permit or Small Projects Permit), Dam Permit, or
Environmental Assessment Approval and request for State Water Quality Certification,
as required by Section 401 of the CWA.
b. The Removal of Abandoned Dams, Water Obstructions, and Encroachments: This
is limited to those activities authorized by PADEP for the removal of abandoned dams,
water obstructions, or encroachments, where PADEP determines in writing, on the basis
of data, information, or plans, submitted by the applicant, that the removal of the
abandoned dam, water obstruction or, encroachment will not imperil life or property,
have significant effect on coastal resources, or have an adverse impact on the
environment, and the plans provide for restoration and stabilization of the project area.
This corresponds to activities authorized pursuant to PADEP Waiver 11.
c. Restoration Activities: This is limited to restoration activities undertaken and
conducted pursuant to a restoration plan, which has been approved, in writing, by
PADEP. This corresponds to activities authorized pursuant to PADEP Waiver 16, except
for those activities identified in Part III.A.20 which do not require publication in the
Pennsylvania Bulletin.
30. Grandfathered Activities:
a. All activities previously authorized as a Non-Reporting Activities under PASPGP-5 that
meet the PASPGP-6 Non-Reporting criteria and comply with all the terms, conditions,
limits, and best management practices identified and required by PASPGP-6, are
reauthorized by the PASPGP-6 without further notice to the applicable Corps District.
The duration of these authorizations will be for the term of PASPGP-6
(June 30, 2026) or applicable PADEP Chapter 105 authorization, whichever is less. If
the previously authorized PASPGP-5 Non-Reporting activity does not meet the
PASPGP-6 Non-Reporting criteria, or does not comply with all the terms, conditions,
limits, and best management practices identified and required by the PASPGP-6, the
activity is not automatically authorized by the PASPGP-6. For these activities, an
application must be submitted to the applicable Corps District to determine if the project
qualifies for the PASPGP-6.
b. All activities previously verified as a Reporting Activities under PASPGP-5 that comply
with all the terms, conditions, limits, and best management practices identified and
required by the PASPGP-6 are authorized by the PASPGP-6 without further notice to
the applicable Corps District. In addition, all special conditions attached to the original
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PASPGP-5 verification are to become special conditions for the PASPGP-6
authorization. The duration of the authorization is for five years from issuance of the
PASPGP-5 verification or when the applicable PADEP Chapter 105 authorization
expires, whichever is less. Please note, any request for modification of the authorized
work and/or special conditions must be submitted in writing to the applicable Corps
District. If the previously authorized PASPGP-5 Reporting Activity does not comply
with the PASPGP-6 terms, conditions, limits, and best management practices, the
activity is not automatically authorized by the PASPGP-6. For these activities an
application must be submitted to the applicable Corps District for federal authorization.
31. Work in the Lehigh Canal: Maintenance and Emergency Stabilization Activities on the
prism, berm, structures, and towpath of the Lehigh Canal provided the work complies with
the following:
a. All maintenance and emergency stabilization activities related to the canal prism, berm,
structures, and towpath, shall be undertaken in such a manner as to maintain the original
historic design of the Lehigh Canal pursuant to the Secretary of the Interior’s Standards
for the Treatment of Historic Properties.
b. In the event such activities disturb the design of the canal prism, berm, structure, or
towpath, the Applicant shall restore such elements to their original historic design based
on cross section drawings from The Lehigh Coal and Navigation Company, Canal
Department or other authoritative sources. The applicant should attempt to coordinate
these activities with personnel from the Delaware & Lehigh National Heritage Corridor.
c. Any necessary restoration of the prism will be accomplished with a clay and/or
geosynthetic liner, if a clay liner is found to be present at the time of excavation.
Restoration of the berm and towpath will be accomplished with suitable earthen
materials that are not likely to erode and will be properly seeded and mulched for
stabilization.
d. Individual maintenance and emergency stabilization activities related to the prism, berm,
structures, and towpath will be documented in the form of before and after photos and
as-restored drawings. This information shall be submitted to the Corps within 30 days of
the completion of the regulated work.
e. If the applicant cannot undertake the proposed maintenance and emergency stabilization
activities in a manner consistent with Stipulations a-d above, a full description of the
proposed work, photographs, maps showing the location of the proposed activities
within the Lehigh Canal, and drawings for the restoration design are required to be
submitted by the applicant to the Philadelphia District, in accordance with Reporting
Activity 7, and no work may commence until written authorization is received from the
Corps.
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B. Reporting Activities:
Activities listed below are Reporting Activities reviewed by the Corps and will receive a project
specific review by the Corps, unless the project meets Non-Reporting Activity 30 (Grandfathered
Activities).
The Corps will coordinate with the appropriate federal and state agencies in order to make a
minimal impact determination and to ensure compliance with other federal laws and regulations.
PASPGP-6 may be verified for these projects only after a case-by-case opportunity for review and
comment, in accordance with the PASPGP-6 Standard Operating Procedures, by all appropriate
federal and state resources agencies and a determination by the Corps that the activity will have no
more than minimal adverse environmental impacts and is in compliance with all other applicable
federal laws and regulations.
These activities correspond to activities authorized pursuant to Section 7 of the Dam Safety and
Encroachments Act, 32 P.S. § 693.1, et seq., and rules and regulations promulgated thereunder in
the Pennsylvania Bulletin (codified at 25 Pa. Code, Chapter 105). In order to qualify for
PASPGP-6, these activities must receive the applicable PADEP Chapter 105 authorization and
State Water Quality Certification, as required by Section 401 of the CWA, and where applicable,
CZM.
All Reporting Activities that require PADEP Individual Permits (except for Individual Permits
numbered E-999X), Small Projects Permits, Dam Permits, or Environmental Assessment
Approvals, will also be reviewed by the general public through publication in the Pennsylvania
Bulletin, at least 30 days prior to the effective date of the permit, as required by 25 PA Code
Chapter 105.21(a) of the Dam Safety and Encroachments Act, 32 P.S. § 693.1, et seq., and the
rules and regulations promulgated thereunder in the Pennsylvania Bulletin (codified at 25 PA
Code, Chapter 105). PADEP will forward copies of all applications to the Corps for review as a
Reporting Activity.
1. Activities Normally Reviewed as Non-Reporting: Activities for which the Corps has
requested a review of the application. Other federal, and/or state resource agencies may
request a Corps review of the application through contacting the Corps, however, a final
determination will be made by the Corps. The request for the application to be reporting by
the Corps to PADEP, must be made prior to PADEP issuing verification that an activity is
authorized by PASPGP-6.
2. Activities Exceeding Reporting Thresholds: Activities where the Overall Project will
result in:
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a. Federally regulated permanent impacts to more than 0.25 acre of waters of the United
States, including all jurisdictional waters and wetlands, except that for the following
activities: (1) Non-Reporting Activity 1, (PADEP GP-1 for Fish and Habitat
Enhancement Structures); and (2) Non-Reporting Activity 29(c), Activities Waived at 25
PA Code § 105.12(a)(16) – Waiver 16 – Restoration Activities: Other Restoration
Activities, the reporting threshold is 0.50 acre of permanent impact.
b. Federally regulated temporary impacts to more than 1.0 acre of waters of the United
States, including all jurisdictional waters and wetlands.
c. Federally regulated permanent impacts to greater than 250 linear feet of jurisdictional
streams, rivers, or other watercourses (excluding wetlands) with the following
exceptions:
(1) 500 linear feet is the reporting threshold for those activities that involve
jurisdictional stream restoration (rehabilitation and/or reestablishment); stream
enhancement; bank stabilization; and/or gravel bar removal; including activities
identified in Activity 29(c), Activities Waived at 25 PA Code § 105.12(a)(16) –
Waiver 16 – Restoration Activities: Other Restoration Activities; and
(2) No linear reporting threshold applies for those activities verified under Non-
Reporting Activity 1 (PADEP GP-1 for Fish and Habitat Enhancement Structures).
NOTE: As stated, the reporting thresholds apply to federally regulated impacts to waters of the
United States, including jurisdictional wetlands. If an AJD has not been made by the Corps, all
waters and/or wetlands are assumed to be jurisdictional, in accordance with Regulatory
Guidance Letter 16-01. Regulated impacts associated with construction of compensatory
mitigation sites is included, if applicable, when calculating impacts. Activities not regulated by
the Corps are not included in the calculation. However such activities may be regulated by
PADEP and should be included as impacts in permit applications. For example, boring a utility
line under a wetland may not involve a regulated discharge under Section 404 of the Clean
Water Act. Under PADEP regulations, installation of the utility line is a regulated activity, with
the utility considered a permanent impact. As a result, submitted applications should include
proposed installation of the utility line and all associated temporary or permanent impacts.
3. Modification of Previous Federal Authorizations:
a. Applications proposing modification of a previously issued Corps authorization where
the Corps processed the original authorization for the project. For example, this could
include a PASPGP-5, Department of the Army Individual Permit, or an NWP; or
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b. Applications proposing additional regulated activities for a previously issued Single and
Complete Project that did not initially require a Corps review, but now the project is a
Reporting Activity under PASPGP-6.
4. Activities Which May Affect Threatened or Endangered Species and Their Critical
Habitat Under Section 7 of the Endangered Species Act (16 U.S.C. 1531 et seq.):
a. Activities or projects proposed in waterways occupied by federally-listed, proposed, or
candidate mussels or fish as indicated below, or in waters of the United States within
300 feet of these listed waterways, unless the activities or projects have received
documented clearance from USFWS, or a No Effect determination from the Corps.
WATERWAYS COUNTY
Allegheny River Allegheny, Armstrong, Clarion, Forest, Venango, Warren, McKean,
and Westmoreland,
Conewago Creek Warren
Conneaut Outlet Crawford
Conneauttee Creek Crawford
Cussewago Creek Crawford
Delaware River Monroe, Pike, and Wayne
Four Mile Run Westmoreland
French Creek Crawford, Erie, Mercer, and Venango
LeBoeuf Creek Erie
Little Mahoning Creek Indiana
Little Shenango River Mercer
Muddy Creek Crawford
Oil Creek Venango
Oswayo Creek McKean
Shenango River (Pymatuning Reservoir to Big Bend)
Crawford and Mercer
West Branch of French Creek Erie
Woodcock Creek Crawford
b. Activities or projects with proposed impacts to wetlands require bog turtle habitat
screening procedures when such is noted on a PNDI receipt. The bog turtle screening
must be completed unless the activities or projects have received documented clearance
from the USFWS, or a No Effect determination from the Corps.
c. Activities or projects, whereby a PNDI search identifies a potential conflict(s) for
federally-listed species, and/or avoidance measures unless:
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i. The applicant has agreed in writing to implement and comply with all avoidance
measures on the PNDI receipt or other USFWS correspondence;
ii. The activities or projects have received documented clearance from the USFWS,
including a concurrence or consistency letter from IPAC system; or
iii. A “No Effect” determination from the Corps or other lead federal agency, has been
made for all currently listed Threatened and Endangered species.
5. Activities Authorized at 25 PA Code § 105.131(c) – Maintenance of Reservoirs of
Jurisdictional Dams: This activity is reporting only when greater than 0.10 acre of
jurisdictional wetland is permanently impacted. This corresponds to activities authorized
pursuant to Section 7 of the Dam Safety and Encroachments Act, 32 P.S. § 693.1, et seq.,
and the rules and regulations promulgated there under in the Pennsylvania Bulletin (codified
at 25 PA. Code, Chapter 105, § 105.131(c)).
6. Activities Potentially Affecting Historic Properties: Any activity which may adversely
affect historic properties, which are listed or eligible for listing in the National Register of
Historic Places pursuant to the requirements of Section 106 of the National Historic
Preservation Act, and/or Tribal Resources. This includes, but is not limited to, projects
where the State Historic Preservation Office (SHPO) (i.e. Pennsylvania Historical and
Museum Commission, or a federally recognized Tribe have determined that archeological or
other cultural resources are believed to exist within the permit area.
For all PADEP Individual permits, unless the permittee has a delegated Section 106
programmatic agreement with SHPO, the applicant must provide evidence that the SHPO
has been notified, using the PADEP Cultural Resources Notification Form or the SHPO
Project Review Form. If the application does not contain a response letter from SHPO, or the
SHPO response indicates a potential for the project to affect historic properties, the
application is sent to the Corps as a Reporting Activity.
7. Activities Potentially Affecting National Wild or Scenic Rivers: Any activity which
occurs in a component of the National Wild and Scenic River System or in a river officially
designated by Congress as a “Study River” under Section 7 (a) Wild and Scenic Rivers Act
(16 U.S.C. § §1278 et seq.) for possible inclusion in the System are forwarded to the Corps
as a Reporting Activity. However, these activities are not reporting if the appropriate federal
agency, with direct management responsibility for such river, has determined, in writing, that
the proposed activity will not adversely affect any National Wild and Scenic River, including
study rivers. Additionally, designated and identified study rivers approved and included in
the National Wild and Scenic River System subsequent to the publication of this document
are to be considered in this sub-category. The designated National Wild and Scenic Rivers
are:
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a. Allegheny River from the Kinzua Dam, mile 197.2, downstream approximately 7 miles
to US Route 6 Bridge, at mile 190.7, in Warren, then from the Buckaloons Recreation
Area in Allegheny National Forest at mile 181.7 downstream 47 miles to Alcorn Island
just north of Oil City at river mile 133.7, and then continuing from the Franklin
Wastewater Treatment Plant at mile 122.7, downstream 31 miles to the refinery at
Emlenton mile 90.7;
b. Clarion River from mile 91.1 in the Borough of Ridgeway, Elk County, Pennsylvania, at
the National Forest and State Game Lands boundary to mile 39.4 at the normal pool
elevation of Piney Dam;
c. Upper Delaware Scenic and Recreational River beginning at Hancock, New York, and
continuing 73.4 river miles to Mill Rift, Pennsylvania;
d. Middle Delaware Scenic and Recreational River (from bank to bank) as it flows through
the Delaware Water Gap National Recreation Area;
e. Lower Delaware River beginning 7 river miles north of Belvidere, New Jersey,
continuing to Washington Crossing, Pennsylvania, including Paunnacussing Creek,
within Solebury Township; all of the Tinicum Creek, including Rapp Creek and Beaver
Creek Tributaries; and Tohickon Creek from the mouth to the Lake Nockamixon Dam,
including a ¼ mile buffer from each bank; and
f. White Clay Creek watershed including all of its tributaries.
8. Activities Related to Residential, Commercial and Institutional Developments:
Applications for the purpose of constructing or expanding a residential, commercial, or
institutional subdivisions or development that do not contain a Declaration of Restrictive
Covenants (e.g. deed restriction, conservation easement, or deed restricted open space area).
9. Activities Requiring an Environmental Impact Statement (EIS): Applications
containing an EIS, references to an EIS by a federal agency, or references to the
Corps being a cooperating agency on an EIS.
10. Activities within the following waters:
a. All of the Ohio River except for navigational aids or markers, buoys, floats, the
construction, operation, or removal of staff gauges, water recording devices and water
quality testing devices;
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b. All of the Monongahela River except for navigational aids or markers, buoys, floats, the
construction, operation, or removal of staff gauges, water recording devices and water
quality testing devices;
c. The Allegheny River, from its mouth in Pittsburgh, Pennsylvania to river mile 197.4 at
Kinzua Dam, north of Warren, Pennsylvania except for navigational aids or markers,
buoys, floats, the construction, operation, or removal of staff gauges, water recording
devices and water quality testing devices;
d. Lake Erie activities which require submittal of a PADEP Joint Permit Application or
Environmental Assessment to the PADEP. For Lake Erie, the OHWM is located at
elevation 573.4;
e. The Delaware River, upstream of the U.S. Route 202 Bridge at New Hope, Pennsylvania.
Note: any activity located waterward of the OHWM or High Tide Line of the Delaware
River, downstream of the U.S. Route 202 Bridge, is ineligible for PASPGP-6.
11. Activities across State Boundaries: Activities where the regulated activity or area of
indirect (secondary impact) is not wholly located within the Commonwealth of
Pennsylvania, i.e. the regulated activity extends across state boundaries.
12. Coal and Non-Coal Mining Activities: Activities authorized pursuant to Chapter 105 for
coal and non-coal mining permits issued by the PADEP District Mining Offices (Bureau of
Mining and Reclamation), including activities authorized pursuant to PADEP Waiver 4 [25
Pa. Code § 105.12(a)(4)] and GP-101 and 102.
13. Construction of Mitigation Banks and In Lieu Fee Sites: Regulated activities associated
with the construction of Mitigation Banks and/or In Lieu Fee sites developed to meet the
requirements of the Corps and the EPA April 10, 2008 Compensatory Mitigation for Losses
of Aquatic Resources: Final Rule, or any subsequent guidance/regulations addressing
compensatory Mitigation Banks and/or In Lieu Fee sites.
14. Activities Affecting Corps’ Civil Works Projects, Corps’ Property, or Corps
Easements: All activities that may alter, use, build upon, attempt to possess, or that may
harm or impair any existing or proposed Corps Civil Works project, and any Corps-owned
or managed property or easement.
15. Reasonably Related Applications:
a. If the Corps previously issued a verification for work associated with an Overall Project,
any subsequent additional regulated work that is needed for the Overall Project to
function and meet its intended purpose is a Reporting Activity.
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b. If PADEP determines that an application is a Reporting Activity, and PADEP is
processing other Non-Reporting applications which are needed for the Overall Project to
function and meet its intended purpose, then all such related applications are sent to the
Corps as Reporting.
c. If the Corps is reviewing a Reporting application and PADEP receives an application for
attendant features associated with an Overall Project, then the newly received
application received by PADEP is a Reporting Activity.
Activities Involving Temporary Impacts of Greater Than One Year: All applications proposing
temporary impacts to greater than 0.10 acre of waters and/or wetlands for more than one year are a
Reporting Activity. This requirement includes requests to extend temporary impacts authorized by a
PADEP GP-8 beyond the original one year timeframe.
16. Applications Containing a Request for a Corps Jurisdictional Determination (JD): Any application containing a request for either a Preliminary JD or AJD from the Corps.
17. Activities occurring in areas identified as habitat for Shortnose and Atlantic Sturgeon:
Any application that proposes work in a portion of waterbody identified as habitat for
Atlantic and Shortnose Sturgeon by the National Oceanic and Atmospheric Administration
(NOAA), Greater Atlantic Region. The following is a list of waters as identified by the
Greater Atlantic Region’s ESA Section 7 Mapper Tool as sturgeon habitat.
Note - The following list does not include the Delaware River downstream of the U.S. 202
Bridge and the Schuylkill River downstream of the Fairmount Dam because these waters are
ineligible for PASPGP-6.
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Part IV – Procedures:
A. Application Submittal:
Applicants must submit the required PADEP permit application to the appropriate PADEP office.
For Reporting Activities, where PADEP does not require a permit application, information on the
proposed project and Engineering Form 4345 shall be submitted directly to the appropriate Corps
District. The information must identify all impacts to waters of the United States, including
jurisdictional wetlands, including direct and indirect impacts, both temporary and permanent, for
the overall project, including all attendant features needed for the project to function and meet its
intended purpose. Applicants submitting applications for linear projects must submit information
describing the locations of the overall linear project’s point of origin, terminal point, all proposed
crossings (e.g., single and complete linear projects), and other impacts to aquatic resources. The
delineation of wetland boundaries shall be accomplished in accordance with the 1987 Corps of
Engineers Wetland Delineation Manual (Technical Report Y-87-1), including all applicable
guidance and regional supplements.
Compensatory mitigation at a minimum one-for-one ratio will typically be required for all federally
regulated wetland losses that exceed 1⁄10-acre and are a Reporting Activity, unless the district
engineer determines in writing that either some other form of mitigation would be more
environmentally appropriate or the adverse environmental effects of the proposed activity are no
more than minimal. For federally regulated wetland losses of 1⁄10-acre or less that are a Reporting
Activity, the district engineer may determine on a case-by-case basis that compensatory mitigation
is required to ensure that the activity results in only minimal adverse environmental effects. For
federally regulated losses of jurisdictional streams or other open waters that are a Reporting
Activity, the district engineer may require compensatory mitigation to ensure that the activity
results in no more than minimal adverse environmental effects. Compensatory mitigation for losses
of streams should be provided, if practicable, through stream rehabilitation, enhancement, re-
establishment, or preservation, since streams are difficult to replace resources.
Regulated activities that result in the permanent conversion of wetland types may result in the need
for compensatory mitigation to ensure that the regulated activity does not result in more than
minimal adverse effects.
Applications for Reporting Activities that propose compensatory mitigation for federally regulated
impacts, should include a discussion on the sequencing of compensatory mitigation as identified in
the Mitigation Rule (Use of Mitigation Bank, In-lieu Fee Program, Permittee Responsible
Mitigation on a Watershed basis, etc.) and identify any Mitigation Banks or In-lieu Fee Programs
proposed to be used. For Permittee Responsible Mitigation, the Corps/EPA 2008 Mitigation Rule
requires approval of a final mitigation plan prior to commencement of any authorized work. The
required components of a final mitigation plan can be found at 33 CFR 332.4(c)(2) through (c)(14).
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B. PASPGP-6 Review Procedures:
1. Non-Reporting Activities 1-28: Permit applications are reviewed by PADEP in accordance
with their review procedures and the PASPGP-6 procedures. PADEP will attach verification
of the applicability of the PASPGP-6 to the state authorization. For those projects in the
Philadelphia District, PADEP will also provide a copy of the application/registration
package, the permit/acknowledgment cover letter and the state authorization (if applicable)
to the Philadelphia District.
2. Non-Reporting Activity 29: All Non-Reporting Activities listed under number 29 a.
through c. will be published in the Pennsylvania Bulletin, as a Public Notice. The Corps and
resource agencies may review the Pennsylvania Bulletin to determine the need for federal
review, on a case-by-case basis. One copy of the permit application will be maintained in
the PADEP Regional Office for resource agency review. If the Corps requests that the
proposed project be reviewed as a Reporting Activity, they must notify the appropriate
PADEP Office, prior to permit issuance. PADEP will forward the application to the
appropriate Corps District. If the application is not forwarded as a Reporting Activity,
PADEP will attach the PASPGP-6 verification along with the state authorization to the
applicant. For projects in the Philadelphia District, PADEP will provide a copy of the
application, the state authorization, the Record of Decision, and the permit cover letter to the
Philadelphia District.
3. Reporting Activities: Applications for projects identified as Reporting Activities will be
forwarded to the Corps for review via hard copy or electronically. Applications submitted
electronically can be sent to the appropriate email address:
Baltimore District: [email protected]
Philadelphia District: [email protected]
Pittsburgh District: [email protected]
The Corps will coordinate with other federal and state resource agencies, when applicable,
to determine eligibility for verification under PASPGP-6. After completion of the Corps
review, the Corps will:
a. Notify PADEP that the activity is eligible for verification under PASPGP-6, without
special conditions and they should attach PASPGP-6 verification to their authorization
when issuing;
b. Send the PASPGP-6 verification and any Special Conditions, if applicable, directly to
the applicant and copy PADEP if the project is eligible for verification under
PASPGP-6;
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c. Notify PADEP and the applicant that the project is not eligible for verification under
PASPGP-6 and the work requires an alternative form of Section 10 and/or 404
authorization; or
d. Inform the applicant directly that a Section 10 and/or 404 authorization is not required
for the proposed work and send a copy of the notification to PADEP.
C. Agency Objection:
Prior to the Corps issuing a project specific PASPGP-6 verification, any federal or state resource
agency may notify the appropriate Corps District of their objection to authorization by the
PASPGP-6. The Corps will attempt to resolve the objection and may issue a PASPGP-6 verification
with or without project specific special conditions, or may require an alternative form of Section 10
and/or 404 authorization.
D. Other Types of Corps Permit Review:
If a project is ineligible under the terms and conditions of the PASPGP-6, the Corps will notify
PADEP and the applicant that the project will require further evaluation under an alternative permit
review procedure. All information submitted by the applicant for the PASPGP-6 review will be
used to initiate review by the Corps for the alternate permit. Additional information may be
requested to complete the review. During the alternate permit review, the project impacts may be
reduced, such that the activity poses only minimal adverse environmental effects and the proposed
project meets the terms and conditions of the PASPGP-6.
E. Corps Discretionary Authority:
The Corps retains discretionary authority on a case by case basis to require a Corps Individual
Permit review for any project based on concerns for the aquatic environment or for any other factor
of the public interest. This authority may be invoked for projects with cumulative environmental
impacts that may be more than minimal, or if there is a special resource or concern associated with
a particular project.
Part V – General Conditions and Processing Requirements:
All activities verified under PASPGP-6 must be in compliance with the below conditions. Failure to
comply with all conditions of the verification, including any special conditions, will constitute a
permit violation and may subject the permittee to criminal, civil, or administrative penalties, and/or
require restoration:
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A. General Conditions:
1. Permit Conditions: The permittee shall comply with all terms and conditions set forth in
the PADEP authorization related to State Water Quality Certification as required by Section
401 of the CWA, and any subsequent amendments or modifications to such authorizations.
In addition, if applicable, the permittee shall comply with CZM as required by the CZM
Act. The permittee shall conduct all work and activities in waters of the United States in
strict compliance with the approved authorization/verification and any associated maps,
plans, profiles, and design specifications.
2. Aquatic Life Movements: No activity may substantially disrupt the necessary life cycle
movements of those species of aquatic life indigenous to the waterbody, including those
species that normally migrate through the area, unless the activity’s primary purpose is to
impound water. All permanent and temporary crossings of waterbodies shall be suitably
culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain
the movement of those aquatic species. If a bottomless culvert cannot be used, then the
crossing should be designed and constructed to minimize adverse effects to aquatic life
movements.
3. Threatened and Endangered Species: By signing the PNDI receipt, the permittee has
agreed to comply with all avoidance measures identified by the PNDI receipt. The applicant
may also agree in writing to comply with all avoidance measures identified in USFWS
correspondence, as part of the application. To ensure compliance with the ESA, those
avoidance measures associated with federally-listed threatened or endangered species are a
condition of the PASPGP-6 verification, unless modified by the Corps.
If an activity is verified under the PASPGP-6, and a federally-listed threatened or endangered
species, or proposed species, is subsequently found to be present, all work must cease, and the
Corps and USFWS (or National Marine Fisheries Service (NMFS)) must be notified by
telephone immediately. The PASPGP-6 verification is automatically suspended without
additional notification to the permittee and will not be re-issued until consultation pursuant to
Section 7 of the ESA is concluded and adverse effects to federally-listed threatened,
endangered and proposed species are avoided, or incidental take authorization issued.
Furthermore, persons have an independent responsibility under Section 9 of the ESA to
avoid any activity that could result in the “take” of a federally-listed species.
4. Spawning Areas: The permittee shall comply with all time-of-year-restrictions (see below)
associated with spawning areas as set forth by the Pennsylvania Fish and Boat Commission
(PFBC) or other designated agency. Discharges or structures in spawning or nursery areas
shall not occur during spawning seasons, unless written approval is obtained from the PFBC
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or other designated agency. In addition, work in areas used for other time sensitive life span
activities of fish and wildlife (such as hibernation or migration) may necessitate the use of
seasonal restrictions for avoidance of adverse impacts to vulnerable species. Impacts to
these areas shall be avoided or minimized to the maximum extent practicable during all
other times of the year.
Wild Trout October 1 - December 31
Class A Wild Trout October 1 - April 1
List of Trout Streams found at:
https://www.fishandboat.com/Fish/PennsylvaniaFishes/Trout/Pages/TroutWaterClassificatio
ns.aspx
5. Shellfish Production: No discharge of dredged and/or fill material and/or the placement of
structures may occur in areas of concentrated shellfish production, unless the discharge is
directly related to an authorized shellfish harvesting activity.
6. Adverse Effects From Impoundment: If the activity, including the discharge of dredged
and/or fill material or the placement of a structure, creates an impoundment of water, the
adverse effects on the aquatic system caused by the accelerated passage of water and/or the
restriction of its flow, including impacts to wetlands, shall be minimized to the maximum
extent practicable.
7. Obstruction of High Flows: To the maximum extent practicable, the activity must be
designed to maintain pre-construction downstream flow conditions (i.e., location, capacity,
and flow rates). Furthermore, the activity must not permanently restrict or impede the
passage of normal or expected high flows (unless the primary purpose of the structure/fill is
to impound waters), and the structure or discharge of dredged and/or fill material shall be
designed to withstand expected high flows.
8. Erosion and Sediment Controls: During construction, appropriate erosion and
sedimentation controls must be used and maintained in effective operating condition in
accordance with state regulations, including the stabilization of any disturbed soil and other
fill material.
9. Suitable Material: No activities, including discharges of dredged and/or fill material or the
placement of structures, may consist of unsuitable material (i.e., asphalt, trash, debris, car
bodies, etc.). No material discharged shall contain toxic pollutants in amounts that would
violate the effluent limitation standards of § 307 of the CWA.
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10. Temporary Fill: Temporary fill (i.e., access roads and cofferdams) in waters and/or
wetlands verified by the PASPGP-6 shall be properly constructed and stabilized during use
to prevent erosion and accretion. Temporary fill in wetlands shall be placed on geotextile
fabric laid on existing wetland grade, unless such requirement is specifically waived by the
Corps. Whenever possible, rubber or wooden mats should be used for equipment access
through wetlands to the project area. Temporary fills shall be removed, in their entirety, to
an upland site, and suitably contained to prevent erosion and transport to a waterway or
wetland. Temporary fill areas shall be restored to their preconstruction contours, elevations,
and hydrology, and revegetated with a wetland seed mix that contains non-invasive, native
species, as soon as practicable.
11. Equipment Working in Wetlands: Measures must be taken to minimize soil disturbance
when heavy equipment is used in wetlands or mud flats. In such cases, heavy equipment
must be placed on mats, or other measures taken to minimize soil disturbances.
12. Installation and Maintenance: Any regulated structure or fill authorized by PASPGP-6
shall be properly installed and maintained to ensure public safety.
13. PASPGP-6 Authorization:
a. The PASPGP-6 expires June 30, 2026, unless suspended or revoked.
b. Verifications of PASPGP-6 expire June 30, 2026, unless the PASPGP-6 permit is
suspended, revoked, or the PADEP authorization expires, whichever date occurs sooner.
Activities authorized under the PASPGP-6 that have commenced construction or are
under contract to commence construction will remain authorized provided the activity is
completed within 12 month of the date of the PASPGP-6s expiration, modification, or
revocation; or until the expiration date of the project specific verification, whichever is
sooner.
14. One-Time Use: A PASPGP-6 verification is valid to construct the project, or perform the
activity, one time only, except for PASPGP-6 verifications specifically issued for
reoccurring maintenance activities.
15. Water Supply Intakes: No activity, including discharges of dredged and/or fill material
and/or placement of structures, may occur in the proximity of a public water supply intake
and adversely impact the public water supply. In order to minimize the effects of intakes on
anadromous fish eggs and larvae, and oyster larvae, intake structures should be equipped
with screening (with mesh size no larger than 2 mm) of wedge wire or another material of
equal or better performance. Where feasible, intakes should be located away from spawning
or nursery grounds, or to minimize the impingement on, or entrainment of, eggs or larvae. In
addition, intake velocities should not exceed 0.5 ft/sec.
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16. Historic Properties: For all activities verified under a PASPGP-6, upon the unanticipated
discovery of any previously unknown historic properties (historic or archeological), all work
must cease immediately and the permittee must notify the SHPO and the Corps of
Engineers. The Corps will contact the Tribes with whom they routinely consult, within 24
hours in accordance with each District’s tribal consultation process. The PASPGP-6 may be
re-verified and special conditions added if necessary, after an effects determination on
historic properties and/or Tribal resource is made, in consultation with the SHPO, the Tribes
and other interested parties. The PASPGP-6 verification may be modified and/or rescinded
for the specific activity if an adverse effect on the historic property cannot be avoided,
minimized, or mitigated.
17. Tribal Rights: No activity or its operation may impair reserved tribal rights, including, but
not limited to, reserved water rights and treaty fishing and hunting grounds.
18. Corps Civil Works Projects: The PASPGP-6 does not authorize any work which will
interfere with an existing or proposed Corps Civil Works project, or any Corps-owned or
managed property or easement (i.e., flood control projects, dams, reservoirs, and navigation
projects), unless specifically approved by the Corps in writing.
19. Navigation: No activity verified under PASPGP-6 may cause more than minimal adverse
effect on navigation. No attempt shall be made by the permittee to prevent the full and free
use by the public of all navigable waters at or adjacent to the activity authorized herein. In
addition, activities that require temporary causeways that prohibit continued navigational
use of a waterway (i.e., temporary causeways extending greater than ¾ the width across the
waterway) shall be removed in their entirety upon completion of their use. Any safety lights
and signals prescribed by the U.S. Coast Guard, through regulation or otherwise, must be
installed and maintained at the permittee’s expense on authorized facilities in navigable
waters of the United States. The permittee understands and agrees that, if further operations
by the United States require the removal, relocation, or other alteration, of the structure or
work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized
representative, said structure or work shall cause unreasonable obstruction to the free
navigation of the navigable waters, the permittee will be required, upon due notice from the
Corps, to remove, relocate, or alter the structural work or obstructions caused thereby,
without expense to the United States. No claim shall be made against the United States on
account of any such removal or alteration.
20. Inspections: The permittee shall allow a District Engineer or his authorized
representative(s) to make periodic inspections at any time deemed necessary in order to
ensure that the work is being performed in accordance with all the terms and conditions of
the PASPGP-6. The District Engineer may also require post-construction engineering
drawings (as-built plans) for completed work.
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21. Modifications of Prior Verifications: Any proposed modification of a previously verified
Single and Complete project that results in a change in the verified impact to, or use of
waters of the United States, including jurisdictional wetlands, must be approved by PADEP,
or the Corps if applicable. Corps written approval is required if the prior verification was
reviewed by the Corps, or if the proposed modification is a Reporting Activity under
PASPGP-6. Project modifications that cause a Single and Complete Project to exceed 0.5
acre of loss of waters of the United States, including jurisdictional wetlands, or greater than
1,000 linear feet of permanent jurisdictional stream loss, including both direct and indirect
impacts, are not eligible for PASPGP-6 and will be forwarded to the Corps for review.
22. Recorded Conservation Instruments: As per Part III.A.27 and Part III.B.9 of this permit,
proposed Draft Conservation Instruments may be submitted by the applicant as part of the
permit application package for review and approval. When such proposed Conservation
Instruments are submitted by the applicant, proof of the recorded deed restriction,
conservation easement, or deed restricted open space area shall be forwarded to the
appropriate Corps District and appropriate PADEP offices, prior to the initiation of any
permitted work, unless specifically waived by the Corps in writing. Conservation Instrument
templates can be found at:
http://www.nab.usace.army.mil/Missions/Regulatory/PermitTypesandProcess.aspx
23. Property Rights: The PASPGP-6 does not obviate the need to obtain other federal, state, or
local authorizations required by law, nor does the permit grant any property rights or
exclusive privileges or authorize any injury to the property or rights of others.
24. Navigable Waters of the United States (Section 10 Waters):
a. In addition to the other general conditions, the following conditions are applicable for
activities in the eligible navigable waters of the United States identified in Appendix B:
i. For aerial transmission lines, the following minimum clearances are required for
aerial electric power transmission lines crossing navigable waters of the United
States. These clearances are related to the clearances over the navigable channel
provided by the existing fixed bridges, or the clearances which would be required by
the United States Coast Guard (USCG) for new fixed bridges, in the vicinity of the
proposed aerial transmission line. These clearances are based on the low point of the
line under conditions producing the greatest sag, taking into consideration
temperature, load, wind, length of span, and type of supports as outlined in the
National Electric Safety Code:
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Nominal System Voltage (kV) Minimum Additional Clearance (ft.)
Above Clearance Required for
Bridges
115 and below 20
138 22
161 24
230 26
350 30
500 35
700 42
750-765 45
(1) Clearances for communication lines, stream gauging cables, ferry cables, and other
aerial crossings must be a minimum of ten feet above clearances required for
bridges, unless specifically authorized otherwise by the District Engineer.
(2) Corps regulation ER 1110-2-4401 prescribes minimum vertical clearances for
power communication lines over Corps lake projects. In instances where both
regulation and ER 1110-2-4401 apply, the greater minimum clearance is required.
ii. Encasement: The top of any cable, encasement, or pipeline shall be located a
minimum of three feet below the existing bottom elevation of the streambed and
shall be backfilled with suitable heavy material to the preconstruction bottom
elevation. Where the cable, encasement, or pipeline is placed in rock, a minimum
depth of one foot from the lowest point in the natural contour of the streambed shall
be maintained. When crossing a maintained navigation channel, the requirements are
a minimum of eight feet between the top of the cable, encasement, or pipeline and
the authorized depth of the navigation channel. For maintained navigational
channels, where the utility line is placed in rock, a minimum depth of two feet from
the authorized depth of the navigation channel shall be maintained.
iii. As-Built Drawings: Within 60 days of completing an activity that involves an aerial
transmission line, submerged cable, or submerged pipeline across a navigable water
of the United States (i.e., Section 10 waters), the permittee shall furnish the Corps
and the National Oceanic and Atmospheric Administration, Nautical Data Branch,
N/CS26, Station 7317, 1315 East-West Highway, Silver Spring, Maryland, 20910
with professional, certified as-built drawings, to scale, with control (i.e.,
latitude/longitude, state plane coordinates), depicting the alignment and minimum
clearance of the aerial wires above the MHWL at the time of survey or depicting the
elevations and alignment of the buried cable or pipeline across the navigable
waterway.
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iv. Aids to Navigation: The permittee must prepare and provide for USCG approval, a
Private Aids to Navigation Application (CG-2554). The application can be found at:
https://media.defense.gov/2017/Nov/20/2001846135/-1/- 1/0/CG_2554.pdf. The
completed application must be sent to: Commander Fifth Coast Guard District 431
Crawford Street, Room 100, Portsmouth, VA 23704-5504, Attn: Mr. Matthew
Creelman; by email to [email protected]; or by FAX to (757) 398-
6303. Within 30 days of the date of receipt of the USCG approval, the permittee
must provide a copy to the appropriate Corps district office.
25. PADEP Waiver: If the Corps determines a specific activity, which is eligible for a PADEP
Non-reporting Waiver, has a significant adverse impact on life, property or important
aquatic resources, the Corps may require the owner to modify the activity to eliminate the
adverse condition or to obtain a Corps of Engineers Individual Permit. In accordance with
33 CFR 325.7(a), “The district engineer may reevaluate the circumstances and conditions of
any permit, including regional permits, either on his own motion, at the request of the
permittee, or a third party, or as the result of periodic progress inspections, and initiate
action to modify, suspend, or revoke a permit as may be made necessary by considerations
of the public interest. In the case of regional permits, this reevaluation may cover individual
activities, categories of activities, or geographic areas.”
26. Corps Water Releases: For projects located downstream of a Corps dam, the permittee
should contact the appropriate Corps, Area Engineer Office, to obtain information on
potential water releases and to provide contact information for notification of unscheduled
water releases. It is recommended that no in-water work be performed during periods of
high-water flow velocities. Any work performed at the project site is at the permittee’s own
risk.
27. State Authorization: The activity must receive state authorization. For the purpose of this
requirement, any one of the following is considered as a state authorization:
a. A PADEP Chapter 105 Water Obstruction and Encroachment Permit, including PADEP
approved Environmental Assessment pursuant to 25 Pa. Code § 105.15; or
b. A PADEP GP issued pursuant to 25 Pa. Code § §105.441-105.449; or
c. A PADEP approved Environmental Assessment for activities not otherwise requiring a
PADEP permit pursuant to 25 Pa. Code § 105.12; or
d. A State Water Quality Certification issued by PADEP consistent with Section 401 of the
CWA for activities which qualify for waiver of PADEP permit requirement per 25 Pa.
Code §105.12; or
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e. A PADEP Dam Permit, including maintenance or repairs of existing authorized dams,
including maintenance dredging; or
f. A PADEP Emergency Permit issued pursuant to 25 Pa. Code § 105.64; or
g. A PADEP permit for the construction of a bridge or culvert which allows for
maintenance activities of bridges and culverts; or
h. A PADEP Chapter 105 Dam Safety and Encroachment Enforcement Action; or
i. A programmatic/project specific State Water Quality Certification issued by PADEP
consistent with Section 401 of the CWA where no other state authorization, as listed
above, is required.
28. Other Authorizations: Additional federal, state, and/or local authorizations or approvals
may be required and where applicable must be secured by the applicant, prior to initiating
any discharge of dredged and/or fill material, and/or the placement of structures into waters
of the United States, including jurisdictional wetlands. These approvals include, but are not
limited to:
a. A State Water Quality Certification issued by PADEP or considered waived, consistent
with Section 401 of the CWA;
b. A CZM issued by PADEP pursuant to Section 307 of the Federal Coastal Zone
Management Act for activities located within the designated CZM Area; and
c. Fills within the 100-year floodplains. This activity must comply with applicable Federal
Emergency Management Agency approved state or local floodplain management
requirements.
29. Federal Liability: In issuing this permit and any subsequent activity verification, the
federal government does not assume any liability, including but not limited to the following:
a. Damages to permitted project or users, thereof, as a result of other permitted or
unpermitted activities or from natural causes;
b. Damages to the permitted project or uses, thereof, as a result of current or future
activities undertaken by or on behalf of the United States in the public interest;
c. Damages to persons, property, or to other permitted or unpermitted activities or
structures caused by the activity authorized by this permit;
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d. Design or construction deficiencies associated with the permitted work; and
e. Damage claims associated with any future modification, suspension, or revocation of the
PASPGP-6.
30. False and Incomplete Information: The Corps may modify or rescind a previously issued
project specific verification, if it determines that the original verification was issued based
on false, incomplete and/or inaccurate information; or other information becomes available
whereby such action is necessary to ensure compliance with other federal laws and
regulations.
31. Essential Fish Habitat: No work can take place in the following waterways listed in the
table below from March 15 to June 30 unless approved in writing by the Corps. Questions on the applicability of this condition should be directed to the Corps of Engineers, Philadelphia District.
Waterway Downstream
extent
Upstream extent Upstream Latitude (N) Upstream
Longitude (W)
Delaware
River in
Pennsylvania
(including W.
Branch)
Rte. 220 Bridge PA/NY Border 41.999448 -75.359573
Lehigh River
and adjacent
canals
confluence with
Delaware River
Cementon Dam 40.689196 -75.502746
Little Lehigh
Creek
confluence with
Lehigh River
lowermost dam 40.596775 -75.473908
Hokendauqua
Creek
confluence with
Lehigh River
State Route 4014 (West
Scenic Drive)
40.793273 -75.439262
Bushkill
Creek
confluence with
Delaware River
lowermost dam 40.695104 -75.210656
Brodhead
Creek
confluence with
Delaware River
Stroudsburg Walter Co. Dam 41.017551 -75.201801
Bush Kill confluence with
Delaware River
Resica Falls 41.110320 -75.094402
Lackawaxen
River
confluence with
Delaware River
Wolln Mill Dam 40.985556 -75.190448
Dyberry
Creek
confluence with
Lackawaxen River
Jadwin Dam 41.612088 -75.263391
Darby Creek confluence with
Delaware River
Confluence of Cobbs Creek
and Darby Creek
39.906060 -75.255131
Schuylkill
River
Fairmount Dam Bingaman St. Bridge in
Reading, Pennsylvania
40.325355 -75.933098
Neshaminy
Creek
confluence with
Delaware River
lowermost dam 40.143369 -74.915828
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32. Compliance Certification: Each permittee who receives a written PASPGP-6 verification
letter from the Corps must provide a signed certification documenting completion of the
authorized activity and implementation of any required compensatory mitigation. This
certification should indicate if the success of any required permittee-responsible mitigation
was completed in accordance with the permit conditions. If credits from a mitigation bank
or in-lieu fee program are used to satisfy the compensatory mitigation requirements, the
certification must include the documentation required by 33 CFR 332.3(l)(3) to confirm that
the permittee secured the appropriate number and resource type of credits; and (c) The
signature of the permittee certifying the completion of the activity and mitigation. The
completed certification document must be submitted to the district engineer within 30 days
of completion of the authorized activity or the implementation of any required
compensatory mitigation, whichever occurs later. Link to self-certification to be added at a
later date
B. Processing Requirements for Corps and PADEP:
1. Waters of the United States Including Jurisdictional Wetlands: Applicants are
responsible for ensuring all boundaries of waters and/or wetlands (regardless of
jurisdictional status) and potential waters and/or wetlands are accurately shown on the
project plans. The delineation of wetland boundaries shall be accomplished in accordance
with the 1987 Corps of Engineers Wetland Delineation Manual (Technical Report Y-87-1),
including all applicable guidance and regional supplements.
2. Single and Complete Project: Only one PASPGP-6 may be issued for a Single and
Complete Project. An Overall Project may be comprised of one or more Single and
Complete Projects. Any additional regulated work proposed as part of the Single and
Complete Project after issuance of a PASPGP-6 verification shall be processed as a
modification of the original verification. If combined impacts for the Overall Project exceed
the Reporting thresholds for PASPGP-6, then the modification request is sent to the Corps
as a Reporting Activity. If combined impacts exceed the eligibility threshold of the
PASPGP-6, for the Single and Complete Project, the original verification is invalid. In such
cases, PADEP will forward the application to the Corps for review.
3. Corps Special Conditions: The Corps may impose other special conditions on a project
verified pursuant to the PASPGP-6, where it is determined necessary to minimize adverse
environmental effects, ensure compliance with federal regulations, or based on any other
factor of public interest.
4. Avoidance, Minimization, and Compensatory Mitigation: Discharges of dredged and/or
fill material and/or the placement of structures into waters of the United States, including
jurisdictional wetlands, must be avoided and minimized to the maximum extent practicable.
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Applicants must avoid and minimize impacts to the aquatic environment, in accordance with
the PADEP requirements under Title 25, PA. Code § § Chapter 105.1 [definition of
Mitigation, subsection (i)(A)],105.13(e)(1)(viii), 105.14(b)(7), and 105.18(a)(3). Once
avoidance and the minimization of unavoidable adverse impacts have been demonstrated to
the satisfaction of the reviewing office, the Corps or the PADEP, compensatory mitigation
may be used to offset unavoidable adverse impacts. All mitigation required by the Corps
must be accomplished in accordance with the Corps and the EPA April 10, 2008
Compensatory Mitigation for Losses of Aquatic Resources: Final Rule. 33 CFR. § § 325.1,
332.1-332.8; 40 CFR § § 230.91 – 230.98 or any subsequent guidance/regulation covering
compensatory mitigation.
5. Activities Potentially Obstructing Fish Passage: Any activity which could potentially
obstruct the passage of diadromous fish, including but not limited to, the placement of dams,
weirs, or permanent fill, stream channelization, stream relocation or the placement of pilings
or structural supports, which have the same effect of discharge of fill material, in the Juniata
River main stem, including the Raystown Branch to Raystown Lake and Frankstown Branch
to Hollidaysburg; the Susquehanna River main stem, to the New York State line; the West
branch of the Susquehanna River to Lock Haven; the Delaware River; the Schuylkill River;
or the Lehigh River, must be coordinated with the USFWS and/or NMFS, and the PFBC to
ensure minimization of impacts upon passage and migration of diadromous fish.
6. Threatened and Endangered Species: A PNDI review is required for all activities
authorized under PASPGP-6, unless that application contains a clearance letter from
USFWS or a no effect determination by the Corps or the lead federal agency. All PNDI
receipts, USFWS clearance letters and federal agency no effect determinations are valid for
24 months, unless otherwise stated, after which a new determination for threatened or
endangered species must be completed. Additionally, screening through the IPAC system
may be required for certain projects when such requirement is noted either on a PNDI
receipt or USFWS correspondence. NOTE: A PNDI review must be completed first, with
the potential requirement for additional screening through use the IPAC system noted on
PNDI receipt, or USFWS correspondence.
No activity is authorized under the PASPGP-6 which is likely to adversely affect a
federally-listed threatened or endangered species or a species proposed for such
designation, as identified under the ESA, or which will destroy or adversely modify the
critical habitat of such species, unless the adverse effects on the federally-listed species
and the ‘take” of such species has been evaluated and authorized via formal Section 7
consultation and/or Section 10 permit under the ESA.
If a proposed activity may affect a federally-listed threatened, endangered, or proposed
species, or its critical habitat, the Corps, or the lead federal agency, must initiate a
consultation with the USFWS and/or NMFS in accordance with the ESA prior to
verification of the activity under the PASPGP-6. If through the formal and/or informal
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consultation process (50 CFR part 402.13), it is determined that adverse effects to
federally-listed threatened or endangered species and its critical habitat will be avoided,
the activity is eligible for federal authorization under the PASPGP-6. If, however, adverse
effects cannot be avoided, the activity is not eligible for federal authorization under the
PASPGP-6, unless adverse effects on federally-listed species and the “take” of such
species has been evaluated and authorized via formal Section 7 consultation and/or
Section 10 permit under the ESA.
7. Migratory Birds and Bald and Golden Eagles: The permittee is responsible for obtaining
any authorizations required under the U.S. Fish and Wildlife Service’s regulation governing
compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle Protection
Act. The permittee should contact the appropriate local office of the U.S. Fish and Wildlife
Service to determine if such authorizations are required for a particular activity. Information
on the conservation of migratory birds and Bald and Golden Eagles can be found at the
following USFWS web site: http://www.fws.gov/northeast/pafo/
8. Migratory Bird Breeding Areas: Activities in waters of the United States, including
jurisdictional wetlands, that serve as breeding areas for migratory birds must be avoided to
the maximum extent practicable. Recommendations pertaining to the conservation of
migratory birds can be found at the following USFWS web site:
http://www.fws.gov/northeast/pafo/.
9. Historic Properties: No activity, which may affect historic properties listed, or eligible for
listing, in the National Register of Historic Places is authorized under the PASPGP-6, until
the Corps has complied with the provisions of 33 CFR Part 325, Appendix C, or another
lead federal agency has complied with the 36 C.F.R. Part 800 regulations and any other
federal cultural resources laws as applicable. Historic properties include historic and
archeological sites. The applicant must provide evidence that the SHPO has been notified,
using the SHPO Project Review Form or the on-line Pennsylvania State Historic
Preservation Office Archeological and Historic Resource Exchange system (currently under
development), for all PADEP Individual permits, unless the permittee has a delegated
Section 106 programmatic agreement with the SHPO. Proof of notification may be in the
form of a copy of the response letter from SHPO, a copy of the certified mail receipt
resulting from sending the SHPO Project Review Form or email confirmation receipt. For
permittees with a delegated Section 106 programmatic agreement, proof of compliance with
the agreement shall be included with the application. The Corps may require applicants to
perform a survey(s) of historic and/or archeological resources in the permit area. The Corps
will conclude all tribal coordination in accordance with each District’s Standard Operating
Procedures, prior to verifying an activity is authorized by PASPGP-6.
10. Permit Transfer: A request to transfer PASPGP-6 authorization will be forwarded to the
appropriate PADEP office using PADEP’s required Application “For Transfer of Permit and
Submerged Lands License Agreement” (PADEP Form No. 3930-PM-WM0016), with a
copy furnished to the applicable Corps District.
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11. Commencement of Regulated Work: For activities that require submittal of an
application, the applicant may not begin work until:
a. PADEP or the Corps provides written verification to the applicant that the activity is
authorized by PASPGP-6. Should the Corps issue the PASPGP-6 project specific
verification prior to PADEP issuing any required state authorizations, no work shall begin
until any applicable PADEP authorizations are obtained;
b. The Corps issues another form of Section 10 and/or 404 authorization for the work; or
c. The applicant is advised by the Corps that authorization under Section 10 and/or 404 is not
required for the proposed work.
Part VI – Miscellaneous Provisions:
A. Duration of Authorization:
1. The PASPGP-6 is authorized for a period of five years. The PASPGP-6 expires and
becomes null and void on June 30, 2026, unless suspended and/or revoked earlier by the
Corps; except that
2. Activities authorized under the PASPGP-6 that have commenced construction or are under
contract to commence construction, will remain authorized provided the activity is
completed within 12 months of the date of the PASPGP-6s expiration, suspension, or
revocation; whichever is sooner. The activities remain subject to the terms and conditions,
including any Special Conditions of the PASPGP-6 during the 12-month period.
3. Grandfathered Activities - see Part III(A)(30) - for activities previously authorized by
PASPGP-5.
B. Changes to State Statutes, Regulations or PADEP Permits:
Proposed changes to all pertinent state laws, regulations or programs, affecting the implementation
of the PASPGP-6, will be reviewed by the Corps. In the event that the PADEP laws, regulations, or
programs are revised in such a manner as to substantively modify the current review mechanisms
and/or coordination procedures as defined in this document, including the elimination of the current
PADEP equivalent 404(b)(1) review, the PASPGP-6 will be reassessed. A determination will be
made through a public interest review, including consultation with appropriate resource agencies, to
determine whether or not to continue use of the PASPGP-6 in light of the modified state law, state
regulations, or programmatic changes.
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C. Changes to the Federal Program:
A Corps Public Notice will be issued to solicit comments before making any substantive changes to
the PASPGP-6. A determination will be made through a public interest review, including
consultation with appropriate resource agencies, to determine whether or not to modify the
PASPGP-6.
D. Reporting and Evaluation:
1. The three Corps Districts in Pennsylvania, in consultation with PADEP and the applicable
resource agencies shall review operational issues related to successful implementation of the
PASPGP-6 as needed, and shall coordinate and modify the operational procedures and/or
the PASPGP-6 as appropriate.
2. PADEP will provide the following data and statistics on a quarterly basis to the Corps:
a. The number of Individual Chapter 105 Water Obstruction and Encroachment
Permits, Dam Safety Permits, Environmental Assessment Approvals for
Waived Activities 11 and 16 and project specific State Water Quality
Certifications issued consistent with Section 401 of the CWA by each PADEP
office;
b. The processing time associated with each permit type;
c. The number, type, and scope of permitted wetland and stream impacts,
including both temporary and permanent impacts;
d. The number, type, scope, acreage and/or linear footage of, and location of
all mitigation areas;
e. Pertinent data concerning operation of the Pennsylvania Wetlands
Replacement Project or other in-lieu fee programs, if appropriate; and
f. Total number of Chapter 105 General Permit types processed by county.
E. Modification, Suspension, or Revocation:
1. The Corps may suspend, modify, or revoke the PASPGP-6 permit in its entirety or for any
specific geographic area, class of activities, or class of waters within the affected District
in accordance with 33 CFR 325.7. In such a case the Corps will notify PADEP and issue a
public notice advising the general public. The notice will state the concerns regarding the
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environment or other relevant factors of the public interest. Before the Corps modifies,
suspends, or revokes such PASPGP-6 authorizations, the Corps will provide, if
appropriate, a grandfathering period for those who have commenced work or are under
contract to commence work in reliance on a PASPGP-6 verification. Affected parties will
be notified of the modification, suspension or revocation, including the effective date.
2. The Corps may modify the PASPGP-6 as necessary to ensure compliance with other
federal laws and regulations. The Corps will notify the PADEP and issue a public notice
advising the general public of any such modifications.
3. The Corps may modify or rescind a previously issued project specific verification,
if it determines that the original verification was issued based on false, incomplete
and/or inaccurate information; or other information becomes available whereby
such action is necessary to ensure compliance with other federal laws and
regulations.
4. Substantive changes to the Pennsylvania Chapter 105 program may require immediate
suspension and revocation of the PASPGP-5 in accordance with 33 CFR 325.7, or
formal modification subject to public review and input.
F. Enforcement and Compliance
a. Any activity performed in waters of the United States, including jurisdictional
wetlands, that is not in full compliance with all terms and conditions of the PASPGP-6
is a violation and constitutes either unauthorized work or work performed in non-
compliance of the PASPGP-6. The performance of such work may be subject to an
enforcement action by the Corps and/or the EPA. Violations of a PADEP
authorization, including permit conditions are also violations of the PASPGP-5.
Part VII. Corps District Contact Information:
Pittsburgh District
http://www.lrp.usace.army.mil/Missions/Regulatory.aspx William
S. Moorhead Federal Building
1000 Liberty Avenue
Regulatory Branch
Pittsburgh, Pennsylvania 15222-4186
412-395-7155
Email: [email protected]
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Baltimore District
http://www.nab.usace.army.mil/Missions/Regulatory.aspx
U.S. Army Corps of Engineers
State College Field Office 1631
South Atherton Street Suite
#101
State College, Pennsylvania 16801
814-235-0570
Email: [email protected]
Philadelphia District http://www.nap.usace.army.mil/Missions/Regulatory.aspx
Wanamaker Building
100 Penn Square East
Regulatory Branch
Philadelphia, Pennsylvania 19107-3390
215-656-6728Email: [email protected]
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Part VIII. District Engineer Signatures:
By Authority of the Secretary of the Army:
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PASPGP-6: Appendix A
The following terms are defined for the purposes of the PASPGP-6:
Direct Impacts –The area of regulated activity, both temporary and permanent, within waters of
the United States, including jurisdictional wetlands.
Discharge of Dredged Material – The term “Discharge of Dredged Material” is defined at 33
CFR § 323.2(d).
Dredged Material – The term “Dredged Material” is defined at 33 CFR § 323.2 (c).
Discharge of Fill Material – The term “Discharge of Fill Material” is defined at 33 CFR §
323.2(f).
Eligibility Threshold – The eligibility threshold is the maximum amount of impact that can be
authorized by the PASPGP-6 for a Single and Complete Project. The eligibility threshold for
PASPGP-6 is 0.5 acre of permanent loss, resulting from both direct and indirect impacts, to
waters of the United States, including jurisdictional wetlands, or 1,000 linear feet of permanent
loss of stream channel as a result of a regulated activity.
NOTE: Impacts resulting from activities eligible for exemptions under Section 404(f) of the
CWA are not included in the eligibility threshold calculation.
Fill Material – The term “Fill Material” is defined at 33 CFR § 323.2(e)
Historic Properties – Any prehistoric or historic district, site (including archaeological site),
building, structure, or other object included in, or eligible for inclusion in, the National Register
of Historic Places maintained by the Secretary of the Interior. This term includes artifacts,
records, and remains that are related to and located within such properties. The term includes
properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian
organization and that meet the National Register criteria (36 CFR part 60).
Independent Utility – A test to determine what constitutes a Single and Complete Non- Linear
Project in the Corps regulatory program. A project is considered to have independent utility if it
would be constructed absent the construction of other regulated work. Portions of a multi-phase
project that depend upon other phases of the project do not have independent utility. Phases of a
project that would be constructed even if the other phases were not built can be considered as
separate Single and Complete Projects with independent utility.
See also the definitions of “Single and Complete Project”.
Indirect Impacts – Area of waters of the United States, including jurisdictional wetlands,
affected either temporarily or permanently by flooding, draining, or excavation, as a result of the
direct impact.
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Information for Planning and Consultation (IPaC) - IPaC is a USFWS online planning tool
that streamlines the USFWS environmental review process for Federally-listed Threatened and
Endangered Species. The SPGP-6 requires a screening through PNDI and PNDI receipt will
indicate if use of the IPaC is required.
Linear Footage of Stream Impact – A measure used for determining stream impacts, regardless
of the drainage area. The linear footage of stream impact should be measured as follows (this is
not used for calculating impacts to wetlands and open water impoundments which are based on
square feet):
a. For regulated work on one stream bank, the linear footage of a stream impact should be
measured along the bank being impacted. When both stream banks are being impacted at
separate locations, the linear footage of stream impacts is also measured along the banks
being impacted.
b. For regulated work proposed along both stream banks, where at least a portion of the
work on the opposing stream bank is overlapping, the linear footage of stream impact
should be measured along the centerline of the stream.
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c. For transverse impacts (perpendicular to the stream bank), the linear footage of the
stream impact should be measured from the top of the bank to the top of the opposite
bank and from the upstream to downstream limits of work. The linear footage of stream
impact, for categorical determination, is the greater of these two measurements.
A (width) or B (length) whichever is greater.
d. Dewatering – if work involves dewatering of a stream channel, measure the centerline of
the stream channel that is impacted through filling, dewatering, and/or flooding, and
measure from top of stream bank to top of stream bank. The linear footage of stream
impact, for categorical determination, is the greater of these two measurements.
e. When two or more waters are part of a Single and Complete Linear Project, the linear
footage is the total of each of the crossings that are part of the Single and Complete
Linear Project. The impact for each water being crossed is calculated as described in C
and D above. In the example shown below, the proposed road is crossing two streams.
In determining if the two stream crossings constitute one Single and Complete Linear
Project, one must consider the distance (indicated by the “?”) between the two streams.
If the crossings are not distant, meaning that the location of the first crossing dictates the
location of the second crossing, then the two crossings are one Single and Complete
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Linear Project. In the example, the distance between the two streams is undefined
(indicated by the “?”) because determinations must be made on a case-by-case basis
based on the proposed project. Overall Linear Projects such as roads may not allow for
abrupt changes in layout, thus resulting in crossings with a greater distance between them
being Single and Complete Linear Projects. Small utility lines may change direction over
a much smaller distances, which can result in a lesser distance between crossings that
constitute separate Single and Complete Linear Projects. For the below example, both
crossings have been determined to comprise one Single and Complete Linear Project, and
the linear footage of stream impact for the Single and Complete Project is calculated as
Stream 1, Measurement A + Stream 2, Measurement B = Linear footage of the Single and
Complete Linear Project.
Lead Agency - The federal agency with primary responsibility for environmental reviews i.e.
NEPA, ESA Section 7, NHPA Section 106, etc.
Loss of Waters of the United States, including Jurisdictional Wetlands - Waters of the
United States, including jurisdictional wetlands that are permanently adversely affected by
filling, flooding, excavation, or drainage because of the regulated activity. Permanent impacts,
defined below, may or may not be considered a loss of waters of the United States, as some
permanent impacts, such as those associated with bank stabilization and stream/wetland
enhancement projects, may not have a permanent adverse effect.
Mean High Water Line (MHWL) – The term “Mean High Water Line” is used in tidally
influenced waters and is described at 33 CFR § 329.12(a)(2)
Non-Reporting Activity – Work that is authorized by the PASPGP-6 without a project specific
review by the Corps, provided the proposed regulated activity complies with all terms,
conditions, limits, best management practices, and processing procedures identified and required
by the PASPGP-6, and all applicable PADEP Chapter 105 authorizations.
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Ordinary High Water Mark (OHWM) – The term “Ordinary High Water Mark” is defined at
33 CFR § 328.3(c)(7)
Overall Project - The Overall Project includes all regulated activities that are reasonably related
and necessary to accomplish the project purpose, including those activities that may occur in the
reasonably foreseeable future. All impacts to aquatic resources associated with an Overall
Project necessary to accomplish the project purpose must be disclosed.
Pennsylvania Department of Environmental Protection (PADEP) - Use of PADEP
throughout this document refers to PADEP and any entity delegated by PADEP to administer the
Chapter 105 program.
Pennsylvania Natural Diversity Inventory (PNDI) –PNDI is the on-line environmental review
tool for screening of state and federally-listed threatened and endangered species managed by the
Pennsylvania Natural Heritage Program. PNDI is part of the on-line review tool identified as
Pennsylvania Conservation Explorer (PACE). The term PNDI also includes any future versions
or the same or similar tools approved by the USFWS for screening of Federally-listed threatened
and endangered species in Pennsylvania.
Permanent Conversion – The term as used in this document refers to the permanent conversion
of a forested wetland to a scrub-shrub wetland and/or conversion of a forested and/or scrub-shrub
wetland to an emergent wetland, in association with a regulated activity. Such conversion may
result in the permanent loss of certain functions and services that may require compensatory
mitigation. These areas are typically manipulated over time by man to prevent their return to
preconstruction wetland type, and includes areas that are maintained by mowing, cutting, and/or
herbicide use. Permanent conversion does not include areas that are allowed to return to their
preconstruction condition either naturally or through some type of restoration activity.
Permanent Impacts – Waters of the United States, including jurisdictional wetlands, that are
indefinitely filled, flooded, excavated, or drained as a result of the regulated activity. Permanent
impacts may or may not be considered a loss of waters of the United States, as defined above,
since some permanent impacts, such as those associated with bank stabilization and
stream/wetland enhancement projects, may not have a permanent adverse effect.
Reporting Activity – Proposed work that requires a project-specific review by the Corps in
order to receive authorization under PASPGP-6.
Restoration Activities – Activities associated with the manipulation of the physical, chemical,
or biological characteristics of a site with the goal of returning natural/historic functions to a
former or degraded aquatic resource.
Single and Complete Project – For the purpose of this document this term means one of the
following as applicable:
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a. Single and Complete Linear Project - A linear project is a project including all
associated attendant features, constructed for the purpose of getting people, goods, or
services from a point of origin to a terminal point, which often involves multiple
crossings of one or more waters of the United States, including jurisdictional wetlands, at
separate and distant locations. A linear project may involve multiple crossings of
streams, wetlands, or other types of waters from the point of origin to the terminal point.
Roads and pipelines are examples of linear projects. The term Single and Complete
Project is defined as that portion of the Overall Project proposed or accomplished by one
owner/developer or partnership or other association of owners/developers that includes
all crossings of a single water of the United States (i.e., a single waterbody) at a specific
location. For linear projects crossing a single or multiple waterbodies several times at
separate and distant locations, each crossing is considered a Single and Complete Project
for purposes of PASPGP-6 verification. However, individual channels in a braided
stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc., are
not separate waterbodies, and crossings of such features cannot be considered separately.
While Overall Projects may have to demonstrate independent utility, each Single and
Complete Linear Project within the Overall Project does not.
While each separate and distant crossing of a waterbody associated with an Overall
Project is considered a separate Single and Complete Project, the Corps, when reviewing
a Reporting Activity, will evaluate the cumulative effects on the aquatic environment of
the Overall Project when determining whether PASPGP-6 verification is appropriate.
The acreage and other applicable limits for PASPGP-6 would be applied to a Single and
Complete Linear Project, as long as those crossings are far enough apart to be considered
separate and distant.
An applicant proposing a Linear Project must submit information describing the locations
of the overall linear project’s point of origin, terminal point, all proposed crossings, and
other impacts to aquatic resources.
b. Single and Complete Non-linear Project – For non-linear projects, the term “Single and
Complete Project” is defined at 33 CFR 330.2(i) as “the total project proposed or
accomplished by one owner/developer or partnership or other association of
owner/developers.” A Single and Complete Non-linear Project must have independent
utility and may not be “piecemealed” to avoid the eligibility thresholds of the PASPGP-6.
To ensure consistency with the requirement of the CWA 404(b)(1) Guidelines and the
National Environmental Policy Act, a clear purpose and the ability to function
independently is required for all projects.
Structure – The term “Structure” is defined at 33 CFR § 322.2(b).
Temporary Impacts – Water of the United States, including jurisdictional wetlands that are
filled, flooded, excavated, or drained for a limited period of time, and restored to pre-
construction contours and elevation.
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Utility Line – Any pipe or pipeline for transportation of any gaseous, liquid, liquescent, or slurry
substance, for any purpose, and any cable, line, or wire for the transmission for any purpose of
electrical energy, telephone, and telegraph messages, and radio and television communication.
The term utility line does not include activities that drain a water of the United States, including
jurisdictional wetlands such as drainage tile or French drains, but it does apply to pipe conveying
drainage from another area.
Waterbody – A waterbody is a jurisdictional water of the United States that, during a year with
normal patterns of precipitation, has water flowing or standing above ground to the extent that an
OHWM or other indicators of jurisdiction can be determined, as well as any jurisdictional
wetland area (see 33 CFR § 328.3). Examples of “waterbodies” include streams, rivers, lakes,
ponds, and wetlands.
Waters of the United States and Navigable Waters of the United States – Waters of the
United States is defined at 33 CFR § 328.3, and for the purpose of this document, the use of the
term “waters of the United States, including jurisdictional wetlands” is inclusive of navigable
waters of the United States (33 CFR § 329.4).
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PASPGP-6: Appendix B
Navigable Waters of the United States (Section 10 Waters):
The PASPGP-6 may be used to authorize work in the following navigable waters of the
United States:
a. Codorus Creek – from the confluence with the Susquehanna River 11.4 miles
upstream to the Richland Avenue Bridge in York, Pennsylvania;
b. Main Stem Susquehanna River – from the confluence with the Chesapeake Bay
upstream to Athens, Pennsylvania (approximately 4 miles south from the New
York State line);
c. West Branch of the Susquehanna River – from the confluence with the main stem
Susquehanna River upstream to the dam at Lock Haven, Pennsylvania;
d. Chester Creek – from the confluence with the Delaware River 2 miles upstream;
e. Crum Creek – from the confluence with the Delaware River 1 mile upstream to
the upstream side of the Dam at Eddystone;
f. Darby Creek – from the confluence with the Delaware River 5 miles upstream to
the upstream side of the 84th Street Bridge in Philadelphia, Pennsylvania;
g. Delaware River – from U.S. Route 202 Bridged in New Hope, Pennsylvania,
including the West Branch of the Delaware River, upstream to the
Pennsylvania/New York border at the 42nd parallel;
h. Lehigh River – from the confluence with the Delaware River 72 miles upstream
to the downstream side of the PA Route 940 Bridge;
i. Neshaminy Creek – the confluence with the Delaware River, including
Neshaminy State Park Harbor Project at the mouth of Neshaminy Creek, 4 miles
upstream to the downstream side of the Newportville Bridge;
j. Pennypack Creek – from the confluence with the Delaware River 2 miles
upstream to the downstream side of the Frankford Avenue Bridge in Philadelphia,
Pennsylvania;
k. Ridley Creek – from the confluence with the Delaware River 1 mile upstream to
the upstream side of the Baltimore and Ohio Railroad Bridge in Chester,
Pennsylvania;
l. Schuylkill River – from the Fairmont Dam, 104 miles upstream to Port Carbon,
Pennsylvania;
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m. Schuylkill Navigation Channel (Manayunk Canal) – along the Schuylkill River
for 2 miles from the Flat Rock Dam to Lock Street in the Manayunk Section of
Philadelphia, Pennsylvania;
n. Delaware Canal;
o. Lehigh Canal;
p. Allegheny River – from its mouth in Pittsburgh, Pennsylvania to river mile 197.4
at Kinzua Dam, north of Warren, Pennsylvania;
q. Beaver River – from confluence with Ohio River upstream to confluence of
Mahoning and Shenango Rivers;
r. Kiskiminetas River – from its mouth near Freeport, Pennsylvania to river mile
26.8 at Saltsburg, Pennsylvania;
s. Little Beaver River – from confluence with Ohio River upstream to Pennsylvania
border;
t. Mahoning River – from the confluence with Beaver River upstream to tributary;
u. Monongahela River – from confluence with Allegheny River upstream to
Pennsylvania border;
v. Ohio River – from Pennsylvania border upstream to confluence of Allegheny and
Monongahela Rivers;
w. Shenango River – from mouth to river mile 1.8 at New Castle, Pennsylvania;
x. Tenmile Creek – from its mouth at Millsboro, Pennsylvania to river mile 2.7;
y. Youghiogheny River – from its mouth at McKeesport, Pennsylvania to river mile
31.2 at Layton, Pennsylvania;
z. Lake Erie – entire length below 573.4 feet elevation; and
aa. All other waters not specifically exempted in the PASPGP-6, Part II, A, 5, that are
subject to the ebb and flow of the tide. Such waters are considered navigable
waters of the United States to the head of tidal influence.